Process of Report Preparation

Background and Purpose

This technical report, prepared by the National Association of State Mental Health Program Directors (NASMHPD) Medical Directors Council, is the third in a continuing series intended to provide information and assistance to state mental health commissioners/directors on emerging issues of clinical concern. Topics for technical reports are identified by the Medical Directors Council in conjunction with the NASMHPD leadership. Technical reports are developed by members of NASMHPD Divisions, NASMHPD Affiliates, and outside experts.

Increasingly, state mental health agencies are required by their legislatures to provide treatment to persons civilly committed under sexually violent predator statutes following the expiration of their criminal sentences. A number of state mental health commissioners/directors have requested guidance in developing and implementing treatment programs required by these statutes. NASMHPD responded to these requests by convening a task force including professionals in the field of sexual offender treatment, two of whom are directors of treatment programs designed specifically for persons civilly committed under sexually violent predator statutes.

At present, states typically fall into three categories: (1) those that have passed legislation requiring their state mental health agencies to develop and operate programs for persons civilly committed for treatment under sexually violent predator statutes; (2) those with pending legislation or which are deliberating the adoption of statutes to establish civil commitment procedures and treatment programs for sexually violent predators; and (3) those seeking alternative means of responding to persons who are determined to be sexually violent predators (e.g., extended incarceration, lifetime parole with intensive supervision). This report is intended to serve as an initial "best practices" guide for state mental health agencies that fall into the first two categories to ensure comprehensive treatment and security for this population.

This report contains principles specific to treatment, public safety, and patient rights. One section of this report describes several "lessons learned" by existing treatment programs. The report concludes with specific recommendations to NASMHPD and state mental health agencies for developing treatment programs for persons civilly committed under sexually violent predator statutes, programs that meet the needs of this population and that protect the communities in which they live.

Preparation of the Report

This report was prepared from proceedings of a meeting held April 25 through 27, 1999 in Portland, Oregon. Meeting participants included two state medical directors, two representatives from state offices of consumer affairs, representatives of three NASMHPD Divisions, five experts in the field of the treatment of sexual offenders, and NASMHPD staff. A facilitator and a technical writer assisted in the proceedings. A list of participants and their affiliations is included in the Appendix. It is important to note that views expressed by the participants were their own and are not necessarily endorsed by their organizations.

Prior to the meeting, participants reviewed materials related to sexual offenders in general and sexually violent predators in particular, including research literature and case law, examples of institutional and community treatment programs, information related to special populations, and references to risk reduction and recidivism. The materials did not represent an exhaustive search of current information about these populations, but sought to establish an informed basis for group discussion. This report attempts to integrate findings of the literature with the diverse perspectives and experiences of the participants.

Editorial Review

Drafts of this report were prepared by the technical writer and chief editor and distributed for review and comment to all meeting participants and members of the Medical Directors Council's Editorial Board.

The final report was reviewed, amended, and approved by the Medical Directors Council and does not necessarily reflect the viewpoint of the NASMHPD membership.

Defining the Issues: Problem Statement and Group Consensus

Problem Statement

The practice of civilly committing persons to state mental health agencies for treatment under sexually violent predator statutes following completion of their criminal sentences was upheld by the 1997 U.S. Supreme Court decision in Kansas v. Hendricks. In light of this precedent, a growing number of states have created programs for the treatment of persons civilly committed under sexually violent predator statutes. Emerging case law (e.g., Turay v. Seling) further clarifies the mandates for state mental health agencies to provide "adequate" treatment for sexually violent predators, to carefully define terms and conditions for their continuing confinement, and to make thoughtful release decisions. As new treatment programs are developed, it can be expected some of them will be subjected to legal tests to determine the appropriateness and effectiveness of their therapies and the adequacy of their discharge criteria and processes. It can also be expected that the fiscal impact of such programs on states will continue to increase in proportion to the number of persons civilly committed under these statutes.

The majority of sexually violent predator statutes are adapted from those originally enacted by the State of Washington. The Washington statutes provide for the civil commitment of "any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility" (Revised Code of Washington, 71.09.020(1)). Washington-type predator statutes respond to the shift by states from indeterminate sentencing laws to determinate sentencing statutes. Indeterminate sentencing laws gave extensive authority to parole boards to pass over certain inmates for early release. Determinate sentencing statutes restrict the authority of parole boards and largely fix criminal sentences at specified lengths and have the effect of making it impossible to confine offenders beyond relatively short periods of time.

Statutes typically permit individual states to develop criteria for determining who among all convicted sexual offenders present the greatest danger to public safety if not civilly committed for treatment. Sexually violent predator statutes, therefore, target only a small subpopulation of persons convicted of sexual offenses.

Statutes for the civil commitment of sexually violent predators are variations of laws governing civil commitment of persons affected by mental illness or mental retardation that make them unable to care for themselves or that put them at risk of harming themselves or others. The U.S. Supreme Court decision in Kansas v. Hendricks noted that the purpose of the Kansas law was for treatment (and not just for continued confinement or for further punishment) and placed an obligation upon the state to provide that treatment. In this regard, the Kansas law is the same as all other Washington-based sexually violent predator laws. These laws all presume that when the state properly detains persons because of their mental condition, the state is then obligated to provide them with care and treatment until they are deemed safe to again live in the community.

Persons civilly committed to these treatment programs become patients of the mental health system upon admission. These persons must be afforded rights consistent with those granted to other patients in the mental health system, with consideration for their need for supervision. Thus, in fundamental ways, programs for persons civilly committed for treatment under sexually violent predator statutes do not appear to differ substantially from other treatment programs offered by state mental health agencies.

As with other state civil commitment requirements, programs for persons civilly committed under sexually violent predator laws must balance three critical elements: (1) treatment; (2) public safety; and (3) patient rights. In essence, treatment programs must recognize the range of needs presented by these persons and ensure that these needs are addressed by a comprehensive array of services delivered in a variety of appropriate settings.

For the reasons given above, state mental health agencies should consider cautious development and implementation of treatment programs for persons civilly committed under sexually violent predator laws.

Consensus Reached by Participants

In September 1997, the NASMHPD membership adopted the position that "treatment programs for dangerous sexual offenders should be administered and funded outside the state mental health agency" and that these persons should be managed "through sentencing or other alternatives within the criminal justice system" ("NASMHPD Policy Statement on Laws Providing for the Civil Commitment of Sexually Violent Criminal Offenders").

In contrast to the 1997 NASMHPD position, participants at the April 1999 meeting agreed that programs for persons civilly committed for treatment under sexually violent predator statutes may indeed fall under the administrative purview of state mental health agencies. The change in position endorsed at this meeting acknowledges the reality that increasingly state legislatures are requiring state mental health agencies to operate these specialized programs, and recognizes the experiences being accumulated by those programs currently in operation.

Participants at the April 1999 meeting achieved further consensus in areas described below.

Treatment programs for persons civilly committed under sexually violent predator statutes should use the generally accepted principles of a public health model. The public health model addresses prevention at three levels: (1) primary prevention (in this context, community education and identification of at-risk individuals); (2) secondary prevention (treatment of prepatterned and patterned sexual offenders on probation or during incarceration in corrections or other forensic systems); and (3) tertiary prevention (in this case, civil commitment and treatment under sexually violent predator statutes).

The tertiary prevention model is the focus of this technical report. Public health systems also attempt to balance the rights and needs of individuals with the needs of the larger community, a necessary practice for programs serving persons civilliy committed for treatment under sexually violent predator statutes.

States required to operate treatment programs under sexually violent predator statutes should collaborate with departments of corrections to ensure that sexual offender treatment programs are available during incarceration. Treatment during incarceration may preclude the need for treatment under civil commitment.

State mental health agencies required by statute to provide treatment should involve themselves from the beginning to plan and implement programs and to invest the time, energy, and resources necessary to ensure the development of state-of-the-art treatment systems. State mental health agencies should provide ongoing support to these programs given the complex and difficult work they do. Involvement by community allies, e.g.; County Sheriff Departments/County Social Service Departments, is also critical to the support of these programs.

Professionals in the field of treatment of sexually violent predators should design and operate these programs in close consultation with family and consumer advocacy organizations, representatives from the community, and other mental health agencies and providers.

Treatment programs should offer a comprehensive array of services, including ongoing assessments, therapies, supports, supervision, and monitoring tailored to individual needs. As with any other mental health program, treatment programs for persons civilly committed under sexually violent predator statutes should anticipate the wide range of needs of this population (e.g., juveniles, persons with mental illnesses, mental retardation and/or developmental disabilities, substance abuse issues, traumatic brain injuries, those with sensory or other physical impairments, persons with primary care needs, women, the elderly) and take any measures necessary to accommodate individual needs and functional abilities.

Programs for persons civilly committed for treatment under sexually violent predator statutes should have well-defined criteria for assessing patient progress and for making discharge recommendations; these criteria must be clearly understood by patients, treatment staff, mental health agency personnel, and the community.

It is especially important for good public relations that community allies be involved in developing transition services for persons completing secure treatment who are ready for less restrictive placement. Public education should be ongoing.

Protracted, supervised releases into communities of persons completing civil commitment treatment in institutions are essential to reinforce the continuing goals of treatment, to enhance public safety, and to reduce the probability of relapse or committing additional offenses. Community transition programs integrated with institutional programs appear to offer the best continuity of services and the most secure supports for persons being released from secure inpatient programs. State mental health agencies should retain legal and supervisory responsibility for those on release to ensure public safety and continuity of treatment.

Findings: Research, Principles, and Key "Lessons Learned"

Overview of Research Findings

This section of the report is a brief overview of treatment methods currently being used with sexual offenders, drawn both from the literature and from discussions held during the April 1999 meeting. The majority of treatment programs for persons designated as sexually violent predators draw on therapeutic principles applied to sexual offenders in general. Given the relative newness of treatment programs designed for sexually violent predators, limited research has so far appeared in the literature specific to this population. No attempt is made here to describe all known treatment methods used with sexual offenders. Recidivism as an outcome measure of sexual offender treatment effectiveness is briefly addressed.

Literature on the treatment of sexual offenders does not guarantee therapeutic cures for criminal, sexually violent, predatory behavior. The literature does suggest that treatment can be effective with some offenders by increasing their impulse control, helping them take personal responsibility for their behavior, and reducing the probability of their reoffending. At present, the literature presents no treatment standards specific to the smaller subpopulation of persons civilly committed under sexually violent predator laws; therefore, current treatment programs are, in effect, evolving independently. Treatment outcomes for these programs have not been fully tested for their appropriateness and effectiveness. Service research is needed to establish the effectiveness of treatments and outcomes for this population.

Somatic Therapies: Somatic treatments typically range from irreversible surgical procedures (e.g., castration) to the use of medications, including antiandrogens and serotonergic agents. In general, somatic therapies appear beneficial only as part of comprehensive sexual offender programs that also include cognitive and behavioral therapies. Surgical treatment options may be effective with some persons determined to be sexually violent predators; however, ethical concerns limit the use of these procedures and raise questions regarding the validity of informed consent, particularly if consent is obtained contingent on release decisions.

Antiandrogens (e.g., medroxyprogesterone acetate) are currently thought to be highly effective with some sexual offenders by reducing serum testosterone levels and deviant sexual arousal patterns. Routine psychiatric and medical consultation is strongly advised with the use of any somatic therapies, including the use of antiandrogens. The literature suggests increasing successes in reducing obsessive, deviant thoughts and fantasies through the use of selective serotonin reuptake inhibitors (SSRIs). However, the majority of these studies have relied upon self-report measures rather than more objective measures such as sexual arousal or recidivism. SSRIs are also proving successful with some offenders who have concurrent mood or anxiety disorders.

The use of any somatic therapy is best determined on a case-by-case basis and initiated only after obtaining written informed consent from the individual. In the use of antiandrogens, informed consent procedures should describe the specific rationale for using the medications, the intrusive nature of their use, the current lack of FDA approval for these medications in sexual offender treatment, and require the patient's written acknowledgment of these considerations. Somatic treatments should be considered only as one factor in discharge recommendations. Any use of medication while on release should include routine laboratory testing, supervision, monitoring, and other appropriate follow-up.

Psychological and Behavioral Therapies: Numerous research studies point to the effectiveness of cognitive-behavioral therapies with sexual offenders. The majority of current programs for persons civilly committed for treatment under sexually violent predator statutes use these therapies as core treatment components. Individual techniques are developed based on ongoing assessments of the offender, including the identification of personal risk factors. Elements of cognitive-behavioral programs are diverse and include: training and education modules (e.g., social skills, empathy development, cognitive restructuring); aversive therapy or covert sensitization as appropriate (e.g., arousal reconditioning); developing relapse prevention plans based on offending patterns and risk factors; the use of adjunctive experiences and activities (e.g., vocational training, substance abuse treatment); and establishing support systems for the offender.

For maximum sustained benefit, cognitive-behavioral therapies must be consistent over changes in the person's placement (i.e., in institutional programs, in the community) to prevent the therapy's benefits from diminishing over time.

Additional technologies currently being used in sexual offender treatment that may be effective for persons civilly committed for treatment under sexually violent predator statutes include polygraphy and penile plethysmography.

Recidivism: Historically, the commission of new sexual offenses has been the primary outcome measure used to determine treatment success with sexual offenders. Recidivism rates reported in the literature range from less than 10 percent to nearly 100 percent. The range of reported recidivism rates depends, in part, upon the definition of recidivism used (e.g., ranging from committing any type of criminal offense to committing only those sexual offenses that result in reincarceration), the type of offender being studied, and the research design employed. As stated previously, outcome measures have yet to be developed specifically for the small subpopulation of persons who are civilly committed for treatment under sexually violent predator statutes. Recidivism may not be a practical measure for this population.

Principles for Treatment, Public Safety, and Patient Rights

Discussion at the April 1999 meeting yielded the following principles, based on a reading of the literature on sexual offenders and the participants' experience in clinical practice. Programs for persons civilly committed for treatment under sexually violent predator laws should be developed and implemented based on the best knowledge and research available at the time and must balance elements of treatment, public safety, and patient rights.

Principles Governing Treatment

Principles Governing Public Safety

Principles Governing Patient Rights

Key "Lessons Learned"

Programs for persons civilly committed for treatment under sexually violent predator laws are continuing to develop; therefore, they may differ in some aspects from conventional work with sexual offenders. Treatment programs for this population require program staff to have special approaches, perceptions, and attitudes to ensure that effective therapies and security are provided. Participants at the Portland meeting discussed a number of lessons learned from programs for persons civilly committed for treatment under sexually violent predator laws. This section is a synopsis of those lessons.

Recommendations for NASMHPD

This technical report is intended to serve as an initial best practices guide to states directed by their legislatures to design and implement programs for persons civilly committed to treatment under sexually violent predator statutes. This report is presented with the understanding that programs for this population will continue to evolve and that state mental health agencies will become increasingly sophisticated in the delivery of these special services. The NASMHPD Medical Directors Council recommends that the NASMHPD leadership take steps to encourage states to report their experiences and to further define "best practices" for these specific populations and treatment programs. In addition, the Medical Directors Council specifically recommends that NASMHPD take the following actions:

Recommendations to State Mental Health Agencies

The NASMHPD Medical Directors Council recommends that state mental health agencies required to develop and implement programs for persons civilly committed for treatment under sexually violent predator statutes take the following actions:


Appendices

Selected References

The Association for the Treatment of Sexual Abusers, 1997. Ethical Standards and Principles for the Management of Sexual Abusers, pp. 2-8.

Dwyer, S. M., 1997. "Treatment Outcome Study: Seventeen Years After Sexual Offender Treatment," Sexual Abuse: A Journal of Research and Treatment, 9(2), 149-161.

English, K., 1998. "The Containment Approach: An Aggressive Strategy for the Community Management of Adult Sex Offenders," Psychology, Public Policy, and Law, 4(1/2), 218-235.

Grossman, L. S., Martis, B. M., and Fichtner, C. G., 1999. "Are Sex Offenders Treatable? A Research Overview," Psychiatric Services, 50(3), 349-361.

Marques, J. K., 1995. "How to Answer the Question, Does Sex Offender Treatment Work?,'" paper presented at the International Expert Conference on Sex Offenders, Utrecht, the Netherlands, September 1995.

Marques, J. K. and Day, D. M., 1998. "Sexual Offender Treatment and Evaluation Project Progress Report." Report to the Legislature. Sacramento, California, Department of Mental Health.

Marques, J. K., Nelson, C., and Alarcon, J. "Preventing Relapse in Sex Offenders: What We Learned from SOTEP's Experimental Treatment Program." Chapter submitted for publication in D. R. Laws, S. M. Hudson, and T. Ward, 1999, Remaking Relapse Prevention with Sex Offenders: A Sourcebook. Thousand Oaks, California: Sage.

National Association of State Mental Health Program Directors, 1997. "NASMHPD Policy Statement on Laws Providing for the Civil Commitment of Sexually Violent Criminal Offenders." Alexandria, Virginia.

 


 

NASMHPD MEDICAL DIRECTORS COUNCIL
TECHNICAL REPORT

April 25-27, 1999
Portland, Oregon

LIST OF MEETING PARTICIPANTS

 

MEDICAL DIRECTORS COUNCIL

Rupert Goetz, M.D.
Medical Director
Department of Human Resources
Mental Health & Developmental Disability Services Division
2575 Bittern Street, NE
Salem, OR 97310
Ph: (503) 945-2989
Fax: (503) 373-7327
e-mail:
goetzr@mail.mhd.hr.state.or.us

Alan Q. Radke, M.D., M.P.H.
Medical Director Department of Human Services
444 Lafayette Road, North
St. Paul, MN 55155-3826
Ph: (651) 582-1881
Fax: (651) 582-1804
e-mail: alan.q.radke@state.mn.usa

FORENSIC DIVISION

Roger D. Smith, D. Crim.
Director
Bureau of Forensic Mental Health Services
Department of Community Health
3511 Bemis Road
Ypsilanti, MI 48197
Ph: (734) 434-5442
Fax: (734) 434-8813
e-mail: smithro@state.mi.us

LEGAL DIVISION

John House, J.D.
Senior Staff Counsel
Office of the General Counsel
Department of Social & Rehabilitative Services
15 S.W. Harrison Street, #530
Topeka, KS 66612-1570
Ph: (785) 296-3967
Fax: (785) 296-4960
e-mail:

CHILDREN, YOUTH, & FAMILIES DIVISION EXPERTS

Robert Ceasar, Ph.D.
Director, Juvenile Justice Affairs
Department of Mental Health
William S. Hall Psychiatric Institute
P.O. Box 202, 1800 Colonial Drive
Columbia, SC 29202
Ph: (803) 898-1542
Fax: (803) 898-1617
e-mail:

NAC/SMHA

Joyce Jorgenson
Director
Office of Consumer Affairs
Department of Human Services
444 Lafayette Road
St. Paul, MN 55155-3828
Ph: (651) 582-1814
Fax: (651) 582-1831
e-mail: joyce.a.jorgenson@state.mn.us

Frank Armstead
Director of Consumer Relations
Department of Health & Social Services
Division of Alcohol, Drug Abuse, and Mental Health
1901 N. Dupont Highway
Main Administration Building
New Castle, DE 19720
Ph: (302) 577-4460 x 35
Fax: (302) 577-4486
e-mail: farmstead@state.de.us

EXPERTS

Jim Haaven, M.A.
Oregon State Hospital
2600 Center Street, NE
Salem, OR 97310
Ph: (503) 945-9887
Fax: (503) 945-2867
e-mail:

Barry Maletzky, M.D.
Clinical Professor of Psychiatry
Oregon Health Sciences University
Director, The Sexual Abuse Clinic
8332 S.E. 13th Avenue
Portland, OR 97202
Ph: (503) 238-5580
Fax: (503) 238-0210
e-mail:

Jerry A. Rea, Ph.D.
Program Director
Parsons State Hospital and Training Center
P.O. Box 738
2601 Gabriel
Parsons, KS 67357-0738
Ph: (316) 421-6550 x 1752
Fax: (316) 421-1532
e-mail:

Anita Schlank, Ph.D.
Clinical Director
Minnesota Sexual Psychopathic Personality Treatment Center
1111 Highway 73
Moose Lake, MN 55767
Ph: (218) 485-5300
Fax: (218) 485-5316
e-mail:

Craig Nelson, Ph.D.
Clinical Director
Atascadero State Hospital
10333 El Camino Real
P.O. Box 7001
Atascadero, CA 93422
Ph: (805) 468-2032
Fax: (805) 468-3408
e-mail: ty@thegrid.net

FACILITATOR

Bruce D. Emery, M.S.W.
Director of Technical Assistance
National Association of State Mental
Health Program Directors
66 Canal Center Plaza, Suite 302
Alexandria, VA 22314
Ph: (703) 739-9333 x 28
Fax: (703) 548-9517
e-mail: bruce.emery@nasmhpd.org

WRITER/RECORDER


Mary Leverette, M.S.
Director, Corrections Mental Health Programs
Department of Human Resources
Mental Health & Developmental Disability Services Division
2575 Bittern Street, NE
Salem, OR 97310
Ph: (503) 945-9485
Fax: (503) 378-3796
e-mail: leveretm@mail.mhd.hr.state.or.us

NASMHPD STAFF

Roy E. Praschil
Director of Operations
National Association of State Mental Health Program Directors
66 Canal Center Plaza, Suite 302
Alexandria, VA 22314
Ph: (703) 739-9333 x 20
Fax: (703) 548-9517
e-mail: roy.praschil@nasmhpd.org


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Medical Directors Council